JUDGEMENT
Jyotirmay Bhattacharya, J. -
(1.) The determination of the petitioner's liability under section 7A
of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 for
non-payment of the provident fund dues on account of employer as well as
employees' share of contribution and the computation of interest thereon under
section 7Q of the Act made by the Assistant Provident Fund Commission (CC)
being Annexure 'P-16' to this writ petition at page 192, are under challenge in
this writ petition.
(2.) Both the husband and the wife carry on business as security detective
agency from the same premises. The wife is the petitioner in this writ petition.
The wife claims that they are carrying on their respective businesses
independently having different identity. The husband carries on business under
the name and style of Orient Security & Detective Agency. Wife carries on
business under the name and style of M/s. Oxford Security & Detective Agency.
Husband started his business long back. Wife commenced her business with
effect from 1st August, 1994.
(3.) After expiry of the infancy period of the wife's business, the wife (the writ
petitioner herein) by a letter being Annexure P-4' to this writ petition, requested
the Regional Commissioner, Employees' Provident Fund, Calcutta. to register
the wife's firm under the said Act for giving the benefits of the said Act to her
employees.;
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